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HomeMy WebLinkAboutORDINANCES - 04191994 - 94-45 ORDINANCE NO. 94 -4 _ (Adoption of Eastern Contra Costa Sub-Regional Transportation Mitigation Fees) The Board of Supervisors of Contra Costa County ordains as follows: SECTION I. SUMMARY. This ordinance provides for the adoption of fees to be used for bridge and major thoroughfare improvements within the Eastern Contra Costa Sub- Regional Transportation Mitigation Area of Benefit. SECTION II. AUTHORITY. This ordinance is enacted, in part, pursuant to Government Code Sections 66484 and Division 913, Title 9, of the Contra Costa Count.& Ordinance Code. SECTION III. NOTICE AND HEARING. This ordinance was adopted pursuant to the procedure set forth in Government Code Sections 54986, 65091, 66016, 66017(a) and 66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code, and all required notices have been properly given and public hearing held. SECTION IV. FEE ADOP'T'ION. The following fees are hereby adopted for the Eastern Contra Costa Sub-Regional Transportation Mitigation Area of Benefit to fund the bridge and major thoroughfare improvements described in the Development Program Report on file with the Clerk of the Board, and shall be levied and collected pursuant to the above authorities: Eastern Contra Costa Sub-Regional Transportation Mitigation Fees: Land Uses Fee Single Family Residential $4,200 per Dwelling Unit Multiple Family Residential $3,375 per Dwelling Unit Commercial $0.55 per Square Foot of Gross Floor Area Office $0.57 per Square Foot of Gross Floor Area Industrial $0.30 per Square Foot of Gross Floor Area Other $4,200 per peak hour trip The fees shall be payable as specified in Section 913-4.204 of the Contra Costa County Ordinance Code. The fees payable under this ordinance shall be in addition to fees payable for the following existing areas of benefit: -1- ORDINANCE NO. 94 - 45 1. Bethel Island Regional Area of Benefit 2. Discovery Bay Area of Benefit 3. Oakley/North Brentwood Area of Benefit 4. East County Regional Area of Benefit (including the East County Sub-Area, the Pittsburg/Antioch Sub-Area and the Marsh Creek Sub-Area) 5. Bay Point Area of Benefit (formerly West Pittsburg Area of Benefit) However, where fees are paid for one of the above areas of benefit, the fees payable under this ordinance shall be reduced in an amount not exceeding that shown in Exhibit B attached to this ordinance. In addition, the following shall be exempt from the fees levied under this ordinance: (1) any developments required under conditions of approval to construct certain off-site road improvements in lieu of fee payment; and (2) any unimproved subdivision lots for which fees for one of the above areas of benefit were previously paid at the time of maps' recordation. SECTION V. FEE AREA. The fees set forth in this ordinance shall apply to all property described in Exhibit A attached hereto. SECTION VI. PURPOSE AND USE OF FEES. The purpose of the fees described in this ordinance is to generate funds to finance improvements to certain bridges and major thoroughfares in the Eastern Contra Costa Sub-Regional Transportation Mitigation Area of Benefit. The fees will be used to finance the road improvements listed in the Development Program Report. As discussed in more detail in said report, there is a reasonable relationship between the fees and the types of development projects that are subject to the fees in that the development projects will generate additional traffic on bridges and major thoroughfares in the East County area, thus creating a need to expand, extend or improve existing bridges and major thoroughfares and a need to construct new bridges and major thoroughfares to mitigate adverse traffic and infrastructure impacts that would otherwise result from such development projects. SECTION VII. SEVERABU=. If any fee or provision of this ordinance is held invalid or unenforceable by a court of competent jurisdiction, that holding shall not affect the validity or enforceability of the remaining fees or provisions,and the Board declares that it would have adopted each part of this ordinance irrespective of the validity of any other part. SECTION VIII. REVIEW AND INCREASE OF FEES. Project cost estimates shall be reviewed January 1 of every year that this ordinance is in effect. The fee schedule shall be adjusted annually to account for inflation using the State of California Construction Cost Index, as published annually by the California Department of Transportation. Such adjustment shall not require further notice or public hearing. At no time will the fee schedule be increased at a rate of more than 5% per year due to inflation. ,2, ORDINANCE NO. 94 - 45 SECTION DL EFFECTIVE DATE. This ordinance shall take effect 60 days after passage but shall not become operative until the Public Works Department files a statement with the Clerk of the Board certifying that similar fees have been adopted by the Cities of Antioch, Brentwood and Pittsburg. Within 15 days of passage, this ordinance shall be published once, with the names of the Supervisors voting for and against it, in the Brentwood News, Antioch Ledger and the Contra Costa Times, all newspapers of general circulation published in this County. Pursuant to Section 913-6.026 of the Contra Costa County Ordinance Code, the Clerk of the Board shall promptly file a certified copy of this ordinance with the County Recorder. PASSED and ADOPTED on April 19. 1994 , 1994 by the following vote: AYES: Supervisors Smith, DeSaulnier, Torlakson and Bishop NOES: None ABSENT: Supervisor Powers ABSTAIN: None ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator Deputy Board Chair -3- ORDINANCE NO. 94 -45 Boundary Description East County Area of Benefit EXHIBIT "A" The eastern portion of Contra Costa County, California, bounded on the north, east, and south by the boundary of said county, and bounded on the west by the following described line: Beginning in Suisun Bay on the boundary of Contra Costa County at the northern prolongation of the west line of Section 5, Township 2 North, Range 1 West, Mount Diablo Meridian; thence from the Point of Beginning, along said prolongation and west lines of Sections 5 and 8 (T2N, R1W), southerly 14,225 feet, more or less, to the west quarter comer of said Section 8; thence along the midsection line of Section 8, easterly 5,280.06 feet, more or less, to the east quarter comer of said Section 8; thence along the east lines of Sections 8 and 17 (T2N, R1W), southerly 6,430 feet, more or less, to the southwest comer of PARCEL "A" of Subdivision MS 9-83 filed January 20, 1984 in Book 109 at page 10, Parcel Maps of said county, also being an angle point on the boundary of "CONCORD NAVAL WEAPONS STATION ANNEXATION" to the City of Concord certified November 1, 1966; thence along said annexation boundary as follows: (1) southeasterly 8,670.76 feet to the north line of Section 27 (T2N, R1W), (2) southeasterly 10,641.44 feet, (3) southerly 3,015.62 feet, (4) southerly 1,478.05 feet, and (5) southwesterly 817.33 feet to the south line of U.S.A. Explosive Safety Zone recorded December 27, 1977 in Volume 8645 at page 682, Official Records of said county, and shown on the Record of Survey filed January 8, 1985 in Book 76 at page 12, Licensed Surveyors Maps of said county; thence leaving said annexation boundary and following the boundary of said safety zone (also being the boundary of"BRINTON ANNEXATION' to the City of Concord certified July 15, 1987) as follows: (1) easterly 1,398.01 feet, (2) easterly 660.00 feet, (3) northerly 646.64 feet and (4) easterly 659.60 feet, to the west line of Section 1 (TIN, R1W); thence leaving the boundary of said safety zone, along said west line, southerly 2,582 feet, more or less, to the southeast comer of"BRINTON ANNEXATION' on the north right of way line of Kirker Pass Road (also being the northeast comer of "BERNSTEIN ANNEXATION' to the City of Concord certified March 29, 1972); thence continuing along the west line of Section 1 (also being the east line of "BERNSTEIN ANNEXATION'), southerly 2,300 feet, more or less, to the southwest comer of said Section 1 on the north line of "OAKHURST COUNTRY CLUB AREA ANNEXATION'to the City of Clayton certified November 30, 1987; thence leaving the boundary of the City of Concord and following the boundary of said City of Clayton annexation as follows: (1) along the south line of Section 1, easterly 5,254.46 feet, to the northeast comer of Section 12 (T1 N, R1W) on Mount Diablo Meridian, (2) along said meridian, southerly 10,353.95 feet, to the northeast comer of Section 24 (T1 N, R1 W), (3) along the north line of Section 24, westerly 1,406.17 feet, to the northeast right of way line of Marsh Creek Road shown on the Record of Survey filed September 29, 1966 in Book 45 of Licensed Surveyors Maps at page 2, (4) along said right of way One in a general southeasterly direction 1,526.21 feet to Mount Diablo Meridian, and (5) along said meridian, southerly 936.04 feet,to the most southeastern comer of said annexation;thence leaving said annexation boundary, continuing along said meridian, southerly 72.75 feet, to the northwest comer of"OAKWOOD ANNEXATION"to the City of Clayton certified August 16, 1990; thence along the boundary of "OAKWOOD ANNEXATION' (also being the boundary of Subdivision 7259 "Oakwood"filed December 12, 1990 in Book 354 of Maps at page 5) as follows: (1)easterly 339.92 1 feet, (2) in a general northeasterly direction 339.14 feet, (3) in a general southerly direction 618.45 feet, (4) southwesterly 632.77 feet, and (5) westerly 215.95 feet to the southwest comer of "OAKWOOD ANNEXATION" on Mount Diablo Meridian; thence leaving said annexation boundary, along said meridian, southerly 13,854.07 feet, to National Geodetic Survey Station "Mount Diablo;" thence continuing along said meridian, southerly 15,840 feet, more or less, to the southwest comer of Section 18 (T1 S, RIE); thence along the south lines of Sections 18, 17, 16, 15 and 14 (T1 S, RIE), easterly 26,373 feet, more or less, to the northwest comer of Section 24 (T1 S, R1 E); thence along the west lines of Sections 24 and 25 (T1 S, R1 E), southerly 10,560 feet, more or less, to the southwest comer of said Section 25; thence along the south line of Section 25 (T1 S, R 1 E) and the south line of Section 30 (T1 S, R2E), easterly 8,575 feet, more or less, to the southwest right of way line of Morgan Territory Road shown on the map of Subdivision MS 18-86 filed February 28, 1992 in Book 157 of Parcel Maps at page 43; thence along said southwest line in a general southeasterly direction 686 feet, more or less, to the southwestern prolongation of the northwest line of Subdivision MS 31-78 filed December 31, 1980 in Book 91 of Parcel Maps at page 44; thence along said prolongation and northwest line, northeasterly 2,255.06 feet, to the west line of Section 29 (T1 S, R2E); thence along said west line, southerly 1,020.02 feet, to the southwest comer of Section 29; thence along the south lines of Sections 29 and 28 (TIS, R2E), easterly 10,560 feet, more or less, to the northwest comer of Section 34, (TIS, R2E); thence along the west line of Section 34 (TIS, R2E) and the west lines of Sections 3 and 10 (T2S, R2E), southerly 14, 960 feet, more or less, to the boundary of Contra Costa County. EXCLUDING THEREFROM: 1. Those portions lying within the boundaries of incorporated cities. 2. The sphere of influence for the City of Clayton as adopted by the Local Agency Formation Commision and as shown in Exhibit 1-4, page I-9 of the Clayton General Plan adopted July 17, 1985. LH:jlg:rbt c%ex:ECounty.AOB 3131/94 4/18/94 2